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Supreme Court Powers Debated
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12230 |
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Section : |
MODERN THOUGHT
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| Issue
Date : |
2 / 1987 |
7,911 Words |
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Maureen Dowd, David Sawyier, Patrick Moore, and Morton A. Kaplan
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In August, September, and October 1986, Morton A. Kaplan, editor and publisher of THE WORLD & I, wrote editorial letters dealing with the Supreme Court and the constitutional separation of powers. He commented on the way the Court had exercised its power in a number of cases, including its judgments on abortion and the Georgia law forbidding sodomy. What follows is an exchange on the substance of these editorials. Maureen Dowd and David Sawyer take a critical view of Kaplan's position, Patrick Moore supports it, and Kaplan himself offers some concluding comments on the entire discussion.
The Court as the Guardian of Individual Freedoms
by Maureen A. Dowd and David R. Sawyier
Morton Kaplan's "Letters from the Editor" in the August-October 1986 issues of THE WORLD & I are inflammatory. He suggests analogies between fire-bombing abortion clinics and attacking Nazi death-camps, and between directors of abortion clinics and Dr. Mengele. He implies that prohibiting homosexual intercourse between consenting adults is comparable to restricting incest and summarizes the Pennsylvania Abortion Control Act, which was invalidated in Thornburgh v. American College of Obstetricians and Gynecologists, as involving no more than "informing pregnant women of moral or medical problems inherent in abortion." It is hard not to respond to such comments in kind, but let us address Kaplan's more serious constitutional argument.
The letters suggest that the separation of powers is endangered by the
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